[2019] KEHC 748 (KLR)
The court found that there are compelling reasons to deny the accused bond at this stage. The accused is alleged to have committed a similar offence in another jurisdiction and fled from the scene of the current offence, indicating a flight risk. The ongoing investigation into the other matter, where the victim has...
Source-derived case information.
- Citation
- [2019] KEHC 748 (KLR)
- Parties
- Appellant: David Anjere Amunya Omuhoho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2019
- Procedural Posture
- Bond Application / Ruling on Bond Application Pending Trial
- Outcome
- bond application dismissed
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Flight Risk, Compelling Reasons, Murder Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Anjere Amunya Omuhoho
Appellant
Republic
Respondent
Procedural Posture
Bond Application / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused should be granted bond pending hearing and determination of the murder charge.
- 2 Whether there are compelling reasons to deny the accused bond under Article 49 of the Constitution.
Ratio Decidendi
The court found that there are compelling reasons to deny the accused bond at this stage. The accused is alleged to have committed a similar offence in another jurisdiction and fled from the scene of the current offence, indicating a flight risk. The ongoing investigation into the other matter, where the victim has not yet been recovered, could be prejudiced by the accused's release. The court held that these factors outweigh the constitutional presumption in favour of bond, and therefore dismissed the application, allowing the accused to reapply later in the trial if circumstances change.
Court Disposition
bond application dismissed
Orders
- Application for bond is hereby dismissed.
- Accused may renew bond application later in the trial.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
HCRC NO.50 OF 2019
DAVID ANJERE AMUNYA OMUHOLO..................APPELLANT
VERSUS
REPUBLIC.................................................................RESPONDENT
RULING
1. This is a ruling by accused for bond application pending hearing and determination of this suit. The accused has been charged with the offence of murder contrary to section 204 of the penal code. Particulars are that on the 19th day of September 2019 at unknown time within Njoro Township of Njoro Sub County in Nakuru County, accused murdered BC.
2. The investigating officer in this case, one No.67602 CPL Omolo Vonvix Nyamondoswore affidavit dated 4th November 2019 stating reasons why the accused should be denied bond.
3. He averred that the accused was arrested on 10th day of October 2019 at Kwisero Sub County within Kakamega County after he escaped from Njoro Sub County after the commission of the offence.
4. He averred that the complainant who is a minor is aged four and half years and was defiled and murdered by the accused on 19th day of September 2019. He further stated that accused was arrested at Kwisero for defilement and murder of a girl aged 10 years who has not been recovered to date; that the matter is still under investigation.
5. The investigating officer averred that owing to the fact that the accused person committed an offence in Njoro and escaped to Kwisero where he committed another offence, he prayed that the court deny him bond as he is a flight risk, that he does not have a permanent home or fixed place of aboard, and he may abscond.
6. In response counsel for the accused submitted that Article 49(h) (i) of the constitution gives the accused a right to be released on bond and that his antecedent should not be looked at. He submitted that what happened during arrest should not be looked at and that accused has a family, which he takes care of and that bond is an agreement between the accused, surety and the court. He submitted that the person who will stand surety would undertake to produce the accused in court when required.
7. Counsel submitted that the accused is not a flight risk and anyone suspected would be expected to run away from place of offence.
8. I have considered averments in the affidavit filed and response by counsel for the accused person. I have also considered circumstances surrounding the offence herein.
9. The investigating officer has indicated that before the accused was arrested for this offence, he is suspected to have committed a similar offence in Kwisero where he was arrested. In view of the fact that the other matter is still under investigation and more so the fact that the child allegedly defiled and murdered having still being traced as indicating in the affidavit, I find it compelling reason to deny accused bond at this stage. My view is that, release may prejudice investigations in the other matter.
10. From the foregoing, I find that there are compelling reasons to deny accused bond. Accused may reapply to be released on bond later in the trial.
11. FINAL ORDERS
1. Application for bond is hereby dismissed.
2. Accused may renew bond application later in the trial.
Ruling dated, signed and delivered at Nakuru this 10th day of December, 2019.
.....................................
RACHEL NGETICH
JUDGE
IN THE PRESENCE OF:-
Court Assistants – Schola and Jeniffer
Mr. Geke for accused